1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

1. Basic facts

A. On January 4, 2015, the Plaintiff entered into a contract with the Defendant on January 4, 2015, with the construction cost of KRW 130 million (including design expenses, survey expenses, authorization expenses, and other expenses, KRW 10 million) on the ground of the area of 76 square meters on the land of Busan-gun C (hereinafter “instant land”). The Plaintiff paid KRW 30 million to the Defendant as the advance payment for the instant construction project on January 5, 2015 (hereinafter “instant construction contract”). (b) The Plaintiff paid KRW 30 million to the Defendant as the advance payment for the instant construction project on January 6, 2015.

(c)

On January 2015, the Defendant purchased timber to be used in the instant construction project and placed it on the ground of the instant land.

(d)

Around May 2015, the Plaintiff’s husband D was found to have diverted the instant land to five parcels, other than the instant land, and the instant land was suspended until August 2018.

E. On August 2018, the Plaintiff concluded a construction contract with another construction business operator to establish a prefabricated building on the instant land and newly built a prefabricated building.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 19, Eul evidence No. 2 (including numbers; hereinafter the same shall apply), video, and the purport of the whole pleadings

2. The parties' assertion

A. On September 2018, the Plaintiff asserted that the instant construction contract with the Defendant was rescinded by agreement, and that the rescission of agreement is not recognized.

In addition, the Plaintiff rescinded the instant construction contract before the construction work is completed pursuant to Article 673 of the Civil Act.

Therefore, the defendant is entitled to recover from the original state upon the cancellation of the agreement, and the defendant is entitled to recover from the original state upon the exercise of the right to cancel the contract before the completion of the contract in a preliminary manner to return the amount of KRW 30,000,000 and the delayed damages.

B. Defendant’s assertion 1) The Plaintiff unilaterally rescinded the instant construction contract, and does not conclude an agreement between the Defendant and the instant construction contract.

(ii)..